385. (M.) Robert Damsel was indicted for that he, together with Samuel Allen and John Dawes , on the king's highway, on William Head did make an assault, putting him in corporal fear and danger of his life, one gelding of a dark bay colour, value 20 l. four pistols, value 8 l. one bridle, one saddle, and furniture, the goods of Thomas Wilson , Esq; and 10 s. in money, numbered the money of William Head , did steal, take, &c . May 14 . *

William Head. I am servant to Thomas Wilson , Esq; he lives at Charing-cross. On the 14th of this month, about a quarter before seven in the morning, I was coming alone from Salt-hill in the road to Hounslow , riding one horse and leading another. I was met by two men on horseback, and one on foot. The prisoner at the bar was one on horseback; he ordered me to stop, and pull'd a pistol out of his right hand pocket; the man that was on foot jump'd up to my horse, and seiz'd upon my pistols before me. I offer'd to lay my hands on one of them, which the prisoner at the bar seeing, said, if you offer to do so I'll blow your brains out. He ordered me to dismount, and demanded my money: when I dismounted, the other man on horseback dismounted likewise, I gave him 10 s. 6 d. he demanded my watch, but I told him I never carried one, (I had one at that time, but he fought no farther for it;) they took two brace of pistol, the horse I led having a brace on him. I beg'd hard for them again, but the prisoner refus'd me with a damn: the man on foot took my other horse, and made him go over a hedge into a large, open field, then took his bridle off, turn'd him up, and flung the bridle down in the road; then he who was on foot when they first met me, mounted the horse which I rode, and they all went away together. There were saddle, bridle, and furniture, that is, housings and my whip, which I have now in my hand.

Q. Are you sure the prisoner was one of these three persons ?

Head. I am very sure he is the man that stop'd me first

John Busby . I am high constable, and live at Kingston : On the 14th of this instant there was an ostler came from Godalming in pursuit of these three men, he told me there were three highwaymen had rob'd a gentleman of ninety pounds, and another of six pounds and a watch, and he came by them a little on this side Ditton-marsh in order to get assistance and take them; accordingly I went into the town and took my gun loaded, and threw it over my shoulder; I went to one Dr. Ward and ask'd him for a horse, he lent us three, so I got assistance, and sent one man to the ferry; one of the men soon set them, saying, he saw them turn up a green lane near Kingston ; they quitted their horses, we search'd about and beat the hedges as people do for hares, so found the prisoner hid in a ditch, in a place call'd Woodstock-lane ; we brought him to Kingston to Justice Rhodes who committed him; I told him now was his time, if he would impeach it might be a means to save his life; he said, he knew nothing of it; they threw their pistols all away going up the green lane, and the people found them. Mr. Wilson's four pistols, and two of their own pocket pistols, were produced in court. The prisoner told us, he had flung the pistols away, or he would not have been taken.

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

Head. THEY are my Lord, here are the numbers on them as they were advertised.

Prisoner's defence.

When I was before Justice Rhodes I was admitted to be an evidence. I wrote to the postmaster, upon which Daws was apprehended; and as for Allen I have done the same where he came from; and therefore I thought to have had some chance for my life.

Q. to Busby. Was he admitted an evidence by the Justice?

Busby. He said there he knew nothing of it. I said to him, it is not too late now, but he would not confess any thing. After his mittimus was made he desired to be heard, but he was not admitted an evidence.